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Escamilla v. Vannucci
Trial court did not err in granting defendant attorney's anti-SLAPP motion because malicious prosecution claim was time-barred by one-year statute of limitations.
Attorneys 1DCA/1 Nov. 17, 2023
In re: Complaint of Judicial Misconduct
Order
9th Nov. 17, 2023
Glanden v. Kijakazi
Denial of social security disability insurance benefits at step two of the five-step process was improper because only a de minimis showing of disability was required to proceed with the analysis.
Administrative Agencies 9th Nov. 17, 2023
Lurner v. American Golf Corp.
Golf course did not discriminate against plaintiff with pulmonary arterial hypertension because it provided reasonable modifications to its golf cart policies, exempting him from many, though not all normal cart restrictions.
Disability Discrimination 4DCA/3 Nov. 16, 2023
People v. Gomez
Remanding restitution order for noneconomic losses was necessary where the record contained no evidence regarding of the impact the crimes had on the victim.
Criminal Law and Procedure 1DCA/5 Nov. 16, 2023
In re Kayla W.
Court did not violate UCCJEA in terminating parental rights without consulting Nevada court, which had already relinquished jurisdiction.
Dependency 2DCA/3 Nov. 16, 2023
People v. Villegas
Defendant must be informed of potential longer sentence to not run afoul of due process fair notice violation.
Criminal Law and Procedure 1DCA/1 Nov. 16, 2023
Oswald v. Landmark Builders
Trial court was within its discretion to determine that COVID-19 courtroom closures did not make it impossible or impractical for plaintiffs to commence trial in a timely fashion.
Civil Procedure 1DCA/3 Nov. 16, 2023
Castaic Studios v. Wonderland Studios
Because the parties specified that their contract was a license agreement--not a lease--and was to be governed by contract law, the landowner could not pursue an unlawful detainer action.
Contracts 2DCA/5 Nov. 16, 2023
Marriage of V.S. & V.K.
Trial court did not err by concluding that the Hindu marriage ceremony was not legally binding on spouse who was not domiciled in India and did not submit to be bound by the Hindu Marriage Act of 1955.
Family Law 6DCA Nov. 16, 2023
Sepanossian v. National Ready Mix Co.
Allegations that fees for energy and environmental costs were unrelated to any actual costs borne by the defendant and were deceptive were sufficient to state a claim for unfair competition.
Business Law 2DCA/7 Nov. 16, 2023
Zepeda v. Superior Court (People)
The term "circumstances in aggravation" in the amended Penal Code Section 1170(b)(2) refers to aggravating factors listed in California Rules of Court, Rule 4.421 and they are not unconstitutionally vague.
Criminal Law and Procedure 1DCA/4 Nov. 15, 2023
Jimenez v. Chavez
Application to set aside default was properly denied because, although it was timely, it was not in the proper form since it was unaccompanied by a proposed responsive pleading.
Civil Procedure 4DCA/2 Nov. 15, 2023
People v. Rhodius
Defendant was not entitled to full resentencing because his now-invalid prison-prior enhancements had been previously stayed.
Criminal Law and Procedure 4DCA/2 Nov. 15, 2023
City of Marina v. County of Monterey
Where other local entities failed to form a groundwater agency, the Sustainable Groundwater Management Act allowed for local county to form groundwater agency and decide management of overlapped area.
Water Rights 6DCA Nov. 15, 2023
Statement of the Court Regarding the Code of Conduct
Order
USSC Nov. 15, 2023
Martin v. Board of Trustees of the California State University
Because defendant had a legitimate basis for firing employee which employee failed to rebut, trial court appropriately granted summary judgment for defendant.
Employment Discrimination 2DCA/8 Nov. 15, 2023
Nicoletti v. Kest
Apartment complex owner did not owe a duty to injured woman since running rainwater on a concrete driveway was an obvious dangerous condition.
Torts 2DCA/8 Nov. 15, 2023
Johnson v. Prentice
Order
USSC Nov. 14, 2023
Roth v. Foris Ventures LLC
Securities and Exchange Rule 16b-3 does not require a board of directors to explicitly approve transactions for the purpose of exempting them under the Rule in order for the exemption to apply.
Securities 9th Nov. 14, 2023
California Construction & Industrial Materials Assn. v. County of Ventura
County was not required to submit a Surface Mining and Reclamation Act statement of reasons for its ordinance creating wildlife animal movement corridors.
Environmental Law 2DCA/6 Nov. 14, 2023
Modification: Brancati v. Cachuma Village, LLC
Trial court erred in excluding medical doctor's factually-based expert testimony to testify on impact of mold in plaintiff's residence to her health.
Evidence 2DCA/6 Nov. 14, 2023
People v. Renteria
Criminal defendant entitled to full resentencing was not entitled to have sentence enhancement resulting in sentence exceeding 20 years stricken where trial court determined striking it would endanger public safety.
Criminal Law and Procedure 6DCA Nov. 13, 2023
Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement.
Family Law 1DCA/4 Nov. 10, 2023
Bakersfield Californian v. Superior Court (Roberts)
Defendant accused of murder overcame constitutional newspersons shield by showing a reasonable possibility that the newspaper's unpublished interview material with codefendant contained evidentiary value.
Criminal Law and Procedure 5DCA Nov. 9, 2023
U.S. v. Vinge
To warrant a leader-or-organizer sentencing enhancement for a drug offense, a defendant must have the ability and influence necessary to coordinate the activities of others to achieve a desired result.
Criminal Law and Procedure 9th Nov. 9, 2023
National Association of Wheat Growers v. Bonta
District court did not err in enjoining California from enforcing a Prop 65 warning requirement for chemicals because their link to cancer was disputable.
Constitutional Law 9th Nov. 8, 2023
Boitez v. Superior Court (People)
Consent to search was not an intelligent and voluntary waiver of rights when it would not have been given but for officer's false promise of leniency about towing of vehicle.
Criminal Law and Procedure 3DCA Nov. 8, 2023
Lagrisola v. North American Financial Corp.
Mortgage borrowers lacked standing to sue unlicensed lender for unlawful business practices where the borrowers received the benefit of the bargain as expected and the lender did not misrepresent itself.
Business Law 4DCA/1 Nov. 7, 2023
Stronghold Engineering, Inc. v. City of Monterey
Because company's initial complaint did not seek money or damages but rather only declaratory relief, it did not need to first present its claim to city in order to file lawsuit.
Government 6DCA Nov. 7, 2023